The Massachusetts District Court Criminal Defense Manual is a practical and comprehensive "tool box" geared for criminal defense in the District Court. Get practical guidance for every phase of criminal representation, from filing an appearance through pretrial hearings, trial and any post-conviction process. Whether you are a bar advocate/public defender or represent private clients, this is your must-have resource.
Table of Contents
Chapter 01 - Role of the Bar AdvocateChristopher S. Skinner, Esq.,
Chapter 02 - Criminal Practice in the Massachusetts District Courts
Gabrielle Mainiero,
Exhibit 2A - Chief Justice Dawley Memorandum Regarding an Act Relative to Criminal Justice Reform
Exhibit 2B - Motion to Dismiss Criminal Complaint Against Defendant
Exhibit 2C - Affidavit in Support of Motion to Dismiss Criminal Complaint Against Defendant
Exhibit 2D - Motion to Dismiss or to Remand for a Show Cause Hearing
Exhibit 2E - Affidavit in Support of Motion to Dismiss or to Remand for a Show Cause Hearing
Exhibit 2F - Motion to Dismiss Count I of Complaint Against Defendant for Lack of Probable Cause
Exhibit 2G - Affidavit in Support of Motion to Dismiss Count I of Complaint Against Defendant for Lack of Probable Cause
Exhibit 2H - Memorandum of Law in Support of Motion to Dismiss for Lack of Probable Cause
Chapter 03 - Building a Relationship with Your Client
Connor M. Barusch, Esq.,
Committee for Public Counsel Services
Exhibit 3A - Sample Client Interview Related to Medical Transition
Chapter 04 - Developing the Theory of the Case
Makis Antzoulatos, Esq.,
Committee for Public Counsel Services, Boston District Court Unit
Chapter 05 - Common Defenses
Christian A. Williams, Esq.,
Harvard Law School Criminal Justice Institute
Chapter 06 - Ethics in Criminal Defense Practice
Stuart M. Hurowitz, Esq.,
Committee for Public Counsel Services
Exhibit 6A - Resources Related to Ethics in Criminal Defense Practice
Chapter 07 - Arraignment and Bail
Joseph M. Perullo, Esq.,
Chapter 08 - Detention Hearings
Gregory P. Teran, Esq.,
Committee for Public Counsel Services
Steven Van Dyke, Esq.,
Committee for Public Counsel Services
Checklist 8.1 - Checklist for a Section 58A Hearing in the District Court
Exhibit 8A - Dangerousness Hearings Quick Reference Sheet (Created by Attorney Benjamin Selman)
Exhibit 8B - Motion for Notice Prior to G.L. c. 276, § 58A Hearing
Exhibit 8C - Motion for Leave to Summons Alleged Victim/Family Member of the Alleged Victim for Section 58A Hearing
Chapter 09 - Mental Health Considerations at Arraignment and Beyond
Karen Owen Talley, Esq.,
Committee for Public Counsel Services,
Mental Health Division
Gregory P. Teran, Esq.,
Committee for Public Counsel Services
Exhibit 9A - Motion for Funds for Independent Examination by a Clinician
Exhibit 9B - Motion to Dismiss in the Interest of Justice
Exhibit 9C - Motion to Dismiss in the Interest of Justice (An Intellectual Disability or Other Organic Brain Impairment)
Exhibit 9D - Motion to Purge Competency Report of Certain Information
Chapter 10 - Pretrial Conferences, Pretrial Hearings, and Discovery Motion Practice
Nathan M. Wong, Esq.,
Committee for Public Counsel Services
Exhibit 10A - Motion for Disclosure of Prior and Subsequent Bad Acts
Exhibit 10AA - Affidavit of Indigency in Support of Motion for Funds
Exhibit 10B - Motion for Bill of Particulars
Exhibit 10BB - Motion for List of Persons Present
Exhibit 10C - Defendant’s Motion for Body Wire and Tape-Recording Evidence
Exhibit 10CC - Motion for Disclosure of Precise Location of Seized Evidence
Exhibit 10D - Motion for Disclosure of Booking Sheet
Exhibit 10DD - Motion for Disclosure and Production of Medical Records of Complaining Witness
Exhibit 10E - Motion for Breath-Testing Device and Operator Information
Exhibit 10EE - Motion for Nonsuggestive Identification Procedure
Exhibit 10F - Motion for Disclosure of Chain of Custody
Exhibit 10FF - Defendant’s Motion for Discovery (OUI Case)
Exhibit 10G - Motion for Funds for Chemist
Exhibit 10GG - Motion for the Commonwealth to Preserve Evidence
Exhibit 10H - Motion for Exculpatory Evidence: Details of Interviews with Complainant
Exhibit 10HH - Motion for Exculpatory Evidence (Prior Complaint(s) of Sexual Assault)
Exhibit 10I - Motion for Composite Drawing
Exhibit 10II - Motion for Exculpatory Evidence (Prior Complaint(s) of Sexual Abuse - Child)
Exhibit 10J - Motion for Appointment of Court Reporter
Exhibit 10JJ - Motion for Funds for Psychiatric Evaluation
Exhibit 10K - Motion for Voir Dire Regarding Identification Procedures
Exhibit 10KK - Motion for Psychiatric History of Complaining Witness
Exhibit 10L - Motion for Discovery of Drug Analysis
Exhibit 10LL - Motion for Discovery Regarding Roadblock
Exhibit 10M - Motion for Production of Department of Children and Families Records
Exhibit 10MM - Motion for Production of School Records of Complaining Witness
Exhibit 10N - Motion for Notice of Expert Testimony
Exhibit 10NN - Motion for Disclosure of Informant Statements
Exhibit 10O - Motion for Production of Eye Examiner
Exhibit 10OO - Motion for Disclosure of Surveillance Location
Exhibit 10P - Motion for Discovery of Fingerprint Evidence
Exhibit 10PP - Motion for Production of Video Recording
Exhibit 10Q - Motion for Funds for Fingerprint Expert
Exhibit 10QQ - Motion to Preserve Video Recording (OUI Case)
Exhibit 10R - Motion for Statements of Complaining Witness
Exhibit 10S - Motion for Defendant to Remain Out of View During Eyewitness Testimony
Exhibit 10T - Motion for Disclosure of Identification Procedures
Exhibit 10U - Motion to Impound Records
Exhibit 10V - Motion for Disclosure of Informant
Exhibit 10W - Memorandum of Law in Support of Motion for Disclosure of Informant
Exhibit 10X - Motion for Disclosure of Informant Regulations
Exhibit 10Y - Motion for Funds for Interpreter
Exhibit 10Z - Motion for Funds for Investigator
Chapter 11 - Substantive Motion Practice
Michael L. Tumposky, Esq.,
Hedges and Tumposky, LLP
Exhibit 11A - Motion to Suppress Evidence Obtained from Warrantless Search
Exhibit 11B - Affidavit in Support of Motion to Suppress Evidence Obtained from Warrantless Search
Exhibit 11C - Posthearing Memorandum in Support of Motion to Suppress Evidence Obtained from Warrantless Search
Exhibit 11D - Motion to Suppress Evidence Obtained with Invalid Search Warrant
Exhibit 11E - Counsel’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant
Exhibit 11F - Defendant’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant
Exhibit 11G - Memorandum in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant (No Probable Cause)
Exhibit 11H - Memorandum in Support of Motion to Suppress Evidence (Search Warrant Based on Informant Information)
Exhibit 11I - Memorandum in Support of Motion to Suppress Evidence (Search Beyond the Scope of the Warrant)
Exhibit 11J - Motion to Suppress: Franks Hearing
Exhibit 11K - Affidavit in Support of Motion to Suppress: Franks Hearing
Exhibit 11L - Memorandum in Support of Motion to Suppress: Franks Hearing
Exhibit 11M - Motion to Suppress Evidence: Amral Hearing
Exhibit 11N - Affidavit in Support of Motion to Suppress Evidence: Amral Hearing
Exhibit 11O - Motion to Suppress Statements
Exhibit 11P - Affidavit in Support of Motion to Suppress Statements
Exhibit 11Q - Counsel’s Affidavit in Support of Motion to Suppress Statements
Exhibit 11R - Memorandum in Support of Motion to Suppress Statements
Exhibit 11S - Defendant’s Motion to Suppress Identification
Exhibit 11T - Affidavit in Support of Defendant’s Motion to Suppress Identification
Exhibit 11U - Memorandum in Support of Defendant’s Motion to Suppress Identification
Exhibit 11V - Defendant’s Motion to Sever
Exhibit 11W - Defendant’s Motion to Dismiss Firearm Charge Pursuant to Bruen and the Second Amendment
Exhibit 11X - Defendant’s Motion to Dismiss in the Interests of Justice
Chapter 12 - Interlocutory Remedies: Review Before Direct Appeal
Rebecca Kiley, Esq.,
Committee for Public Counsel Services, Appeals Unit
Exhibit 12A - Petition for Extraordinary Relief
Exhibit 12B - Affidavit in Support of Petition for Extraordinary Relief
Exhibit 12C - Notice of Appeal for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence
Exhibit 12D - Petition for Interlocutory Appeal and Stay of Proceedings in the Trial Court
Exhibit 12E - Affidavit of Counsel in Support of Application for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence
Exhibit 12F - Motion for Waiver of Entry Fee
Exhibit 12G - Affidavit in Support of Motion to Waive Entry Fee
Exhibit 12H - Affidavit of Indigency and Supplement to Affidavit of Indigency
Exhibit 12I - Memorandum of Law in Support of Application for Interlocutory Appeal of Denial of Defendant’s Motion to Suppress Evidence
Exhibit 12J - Certificate of Service for Application for Interlocutory Appeal
Exhibit 12K - Motion to Waive Entry Fee (Appeals Court)
Exhibit 12L - Memorandum of Law in Support of Petition for Extraordinary Relief
Exhibit 12M - Motion for Stay of Execution of Sentence Pending Appeal
Exhibit 12N - Affidavit in Support of Motion for Stay of Execution of Sentence Pending Appeal
Exhibit 12O - Memorandum in Support of Motion for Stay of Execution of Sentence Pending Appeal
Chapter 13 - Use of Experts
Anne C. Goldbach, Esq.,
Nathan Tamulis, Esq.,
Committee for Public Counsel Services
Checklist 13.1 - Use of Experts
Exhibit 13A - Motion for Discovery of Prospective Expert Testimony, Physical Evidence, Medical Evidence, and Scientific and Forensic Tests
Exhibit 13B - Sample DNA Discovery Motions
Exhibit 13C - Motion for Expenses for Services of an Expert or Investigator
Exhibit 13D - Affidavit in Support of Motion for Expenses for Services for Expert or Investigator
Exhibit 13E - Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs
Exhibit 13F - Affidavit of Indigency in Support of Motion for Funds
Exhibit 13G - Motion for Submission of Ex Parte Affidavit in Support of the Defendant’s Motion for Expenses and Affidavit in Support
Exhibit 13H - Memorandum in Support of the Defendant’s Request to Submit an Ex Parte Affidavit in Support of the Defendant’s Motion for Expenses
Exhibit 13I - Notice of Appeal of Denial of Defendant’s Motion for Expenses
Exhibit 13J - Affidavit in Support of Defendant’s Appeal
Exhibit 17A - Notice of Appeal Pursuant to Rule 3 of the Massachusetts Rules of Appellate Procedure
Exhibit 17B - Defendant’s Motion for Leave to File Late Notice of Appeal
Exhibit 17C - Affidavit of Counsel in Support of Motion for Leave to File Late Notice of Appeal
Chapter 14 - Trial Evidence
Jeffrey A. Garland, Esq.,
Committee for Public Counsel Services, Boston District Court Unit
Chapter 15 - Trial Advocacy
Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq.,
Committee for Public Counsel Services
Checklist 15.1 - Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial
Chapter 16 - Plea Negotiations and Sentencing
Ambar Maceo-Rossi, Esq.,
Kelleher & Maceo, P.C.
Chapter 17 - Postconviction Concerns
Melissa Ramos, Esq.,
Wood & Nathanson LLP
Exhibit 17D - Order Granting Leave to File Late Notice of Appeal
Exhibit 17E - Defendant’s Motion for Approval of Late Filed Notice of Appeal and Petition Pursuant to G.L. c. 211, § 3
Exhibit 17F - Memorandum in Support of Petition Pursuant to G.L. c. 211, § 3
Exhibit 17G - Memorandum of Decision on Defendant’s Petition Pursuant to G.L. c. 211, § 3
Exhibit 17H - Request for Transcript
Exhibit 17I - Motion for Stay of Execution of Sentence Pending Appeal and for Order to Stenographer to Produce Transcript Forthwith
Exhibit 17J - Motion for a Stay of Sentence or, in the Alternative, for Bail Pending Appeal
Exhibit 17K - Memorandum in Support of Motion for Stay of Execution of Sentence
Exhibit 17L - Affidavit in Support of Motion for Stay of Execution of Sentence
Exhibit 17M - Defendant’s Renewed Motion for Required Finding of Not Guilty or, Alternatively, for New Trial
Exhibit 17N - Motion to Revise and Revoke Defendant’s Sentence
Exhibit 17O - Affidavit in Support of Motion to Revise and Revoke Defendant’s Sentence
Chapter 18 - Probation
Shira M. Diner, Esq.,
Boston University School of Law
Exhibit 18A - Motion for Order Permitting Access to Probation Records
Exhibit 18B - Affidavit in Support of Motion for Order Permitting Access to Probation Records
Exhibit 18C - Consent for the Release of Confidential Information
Exhibit 18D - Probationer’s Motion to Exclude Hearsay Statement
Exhibit 18E - Potential Money Assessments
Authors
Editor(s)Shira M. Diner, Esq.,
Boston University School of Law, Boston
Author(s)
Makis Antzoulatos, Esq.,
Committee for Public Counsel Services, Boston District Court Unit, Boston
Connor M. Barusch, Esq.,
Committee for Public Counsel Services, Boston
Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq.,
Committee for Public Counsel Services, Springfield
Jeffrey A. Garland, Esq.,
Committee for Public Counsel Services, Boston District Court Unit, Boston
Stuart M. Hurowitz, Esq.,
Committee for Public Counsel Services, Worcester
Rebecca Kiley, Esq.,
Committee for Public Counsel Services, Appeals Unit, Boston
Ambar Maceo-Rossi, Esq.,
Kelleher & Maceo, P.C., Boston
Gabriele Mainiero,
Swomley & Associates, Boston
Joseph M. Perullo, Esq.,
Boston
Melissa Ramos, Esq.,
Wood & Nathanson LLP, Boston
Christopher S. Skinner, Esq.,
Marblehead
Karen Owen Talley, Esq.,
Committee for Public Counsel Services,
Mental Health Division, Brockton
Nathan Tamulis, Esq.,
Committee for Public Counsel Services, Boston
Gregory P. Teran, Esq.,
Committee for Public Counsel Services, Northampton
Michael L. Tumposky, Esq.,
Hedges and Tumposky, LLP, Boston
Steven Van Dyke, Esq.,
Committee for Public Counsel Services, Malden
Christian A. Williams, Esq.,
Harvard Law School Criminal Justice Institute, Cambridge
Nathan M. Wong, Esq.,
Committee for Public Counsel Services, Worcester
